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19 - Constitutional Kinship

from Part III - Concepts, Shapes and Types of Constitutions

Published online by Cambridge University Press:  19 October 2023

Wim Voermans
Affiliation:
Universiteit Leiden
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Summary

Modern constitutions are resembling one another more than ever before in history. Are they, indeed, converging? This chapter explores this controversial question. Some argue that constitutional borrowing and transplantation of constitutional norms, structures, doctrines and institutions is a fact of life, regardless of ideological or theoretical objections to these practices others deny this and oppose the very idea of the existence of a common constitutional gene pool, bricolage and borrowing. A constitution is and should be a unique reflection of a countrys constitutional identity the latter group believes. A comparative analysis of elements common to all modern constitutions however shows a sizeable kinship relationship between them, whatever the objections we may have to that.

Type
Chapter
Information
The Story of Constitutions
Discovering the We in Us
, pp. 221 - 236
Publisher: Cambridge University Press
Print publication year: 2023

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  • Constitutional Kinship
  • Wim Voermans, Universiteit Leiden
  • Book: The Story of Constitutions
  • Online publication: 19 October 2023
  • Chapter DOI: https://doi.org/10.1017/9781009385084.023
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  • Constitutional Kinship
  • Wim Voermans, Universiteit Leiden
  • Book: The Story of Constitutions
  • Online publication: 19 October 2023
  • Chapter DOI: https://doi.org/10.1017/9781009385084.023
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Constitutional Kinship
  • Wim Voermans, Universiteit Leiden
  • Book: The Story of Constitutions
  • Online publication: 19 October 2023
  • Chapter DOI: https://doi.org/10.1017/9781009385084.023
Available formats
×